Sentences with phrase «of break clauses»

Jennifer regularly advises landlords and tenants, including individuals, corporate and public bodies on a broad range of subjects including dilapidation claims, forfeiture, possession proceedings (including squatter eviction), easements, opposed and unopposed lease renewals, operation of break clauses, rent reviews and other forms of landlord and tenant disputes.

He leads a team with a broad range of experience across the full scope of property disputes including adverse possession claims, squatter evictions, compulsory purchase, easements, wayleaves and other third party rights, dilapidations claims, lease renewal litigation, the operation of break clauses, possession claims and housing law litigation.

In KPMG v Network Rail Infrastructure Ltd [2007] EWCA Civ 363, [2007] All ER (D) 245 (Apr), the Court of Appeal considered the interpretation of a break clause in a lease from which it was apparent that some critical words had been omitted.

The Court determined that service had been effective of the break clause on the facts of this case.

The effect of the assignment was that the benefit of the break clause was lost but this consequence was not drawn to the claimants» attention by the defendant.

The knowledge which was required for the starting date to crystallise was said by the judge to consist in knowledge that: (i) the break clause was personal to the original tenant; (ii) an assignment had taken place and the lease was therefore no longer vested in the original tenant; (iii) as a result of the assignment the break clause was no longer exercisable; and (iv) the loss of the break clause was important to the claimants in the context of their property strategy.

Advising solicitors in a case brought by a college of further education involving the correct advice about its repairing obligations and conditions precedent for the valid operation of a break clause in the college's lease.

Not exact matches

These clauses have traditionally been included in the contracts of elite athletes and celebrities whose names and endorsements can make or break a brand, but increasingly we're seeing them included in general employment contracts across Canada.

If she moves her stuff into storage and breaks her lease (allowed under military lease clauses) at her apartment, she could bank most of that income.

Is Kentucky giving tax breaks to a for profit religious group a violation of the establishment clause in the constitution?

But the clause, on page 140 of the MG Unit Trust product disclosure statement, shows the board has the right to prop up the milk price — if recommended by an independent expert and approved by a majority of the board — at the expense of investors, breaking the «profit - sharing mechanism».

Correction The initial fee paid for Di Maria was 25 million Euros, Which at that time when the value of the Euro was half of the pound (I know this because i was in Portugal, when this news broke) equates to around 12.5 Million, Plus a further 11 Million Euros # 6.5 Million If he won a title in his first season which they did, So all in all 19 Million pounds (Wow what a tremendous amount of money to spend, Jesus Andy Caroll cost more than him in the same god damn season)... Falcao's had a release clause of 45 Million, One which they paid money to him and his agent in order to instill in his contract, This is a sour note for most Porto fans because, he jumped ship having signed a 5 year deal In July and he left in August for less money for his buy out clause.

Ibe joined Steve McLaren's Rams earlier in the season on a deal that was due to run for the length of the season, but it had a January break clause that has now been activated by the Reds, on account of the teenager's impressive displays for a Derby side in the thick of the race for promotion from the second tier.

We do not know why the talks with Barca have broken down but with the 29 - year old having a release clause in his current Celta Vigo contract of less than # 13 million it can not be the price.

The Gunners have been shocked that Mahrez's release clause is so low and now have well and truly sparked the break - up of the Premier League - winning Foxes team.

The owners of Silverstone, the British Racing Drivers» Club (BRDC), has triggered the break clause in its Formula 1 contract

«However, I want to be clear that although we have now activated the break clause, we are fully supportive of the changes the Liberty team are making to improve the F1 experience.

A recent leaked letter from the BRDC chairman saying Silverstone was looking into activating a break clause in its contract cast the future of the British GP into doubt.

Jurgen Klopp's side sit second from bottom as the Bundesliga enters their winter break having lost ten of their opening 17 fixtures and the chances of Dortmund keeping hold of Reus are slim to none, not least as he has a thoroughly affordable $ 25m (# 19.5 m) release clause.

Pogba, who signed for # 89 million coming from Juventus a year ago, breaking the then world record, which has itself been broken this summer with Neymar heading to Paris Saint - Germain in a $ 222 million payment of the player's buyout clause with former club Barcelona.

Less than 10 days after the 2015 general election the Labour leader in the House of Lords said that party needed a break clause with their new leader in 2018.

It's part of a result clause; back then they used to break up «such as» into two parts.

Such a break from Lib Dem traditional values was this that The Independent's sketchwriter Donald Macintyre called the abandonment of its opposition to nuclear power — «a policy it had held to pretty well since before the atom was split» — a «Clause IV moment!»

Whitehall has negotiated break clauses in contracts supplying IT software and hardware to keep existing suppliers on their toes and encourage rivals by no longer locking them out for long periods of time.

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After news broke that only two of the 10 largest multi-academy trusts are actually implementing the so - called Baker Clause, which requires schools to allow technical education providers access to their pupils, the man who fought for the clause in the first place explains why it is so vital that every school coClause, which requires schools to allow technical education providers access to their pupils, the man who fought for the clause in the first place explains why it is so vital that every school coclause in the first place explains why it is so vital that every school complies

But when we also consider the Paramount Duty clause and how hard the drafters of our State Constitution worked to prevent corporate corruption in our state, the existence of these 700 illegal tax breaks adds insult to injury.

After news broke that only two of the 10 largest multi-academy trusts are actually implementing the so - called Baker Clause, which requires schools to allow technical education providers access...

A publishing expert will explain more about the huge significance of that second clause, should your book be one of the 30 in 1,000,000 books published each year which breaks out... and why that clause is unacceptable without clauses that also make clear the sub rights split between author and the publisher — who, by the way, should have a sub rights department to monetize those rights.

«next time one of these lovely people are supporting traditional publishing and the status quo, do ask what they've done to improve the transparency of authors» income accounting, or preventing restraint of trade clauses, or «basket accounting» or breaking down the wall of contract secrecy that allows authors to be exploited.»

My understanding is not that Borders turned down Najafi, but that they withdrew after criticism of some of the terms of their bid, and the chance that the courts would deny the $ 6.5 million dollar break up clause.

By changing policies so, I am afraid that the health insurance company could deny a lot of my claims citing that I have to be on the same policy for X years before they pay for those situations, or cite a «break in coverage» clause and turn down an expensive claim.

Amada is believed to be responsible for breaking clause 21 of the New Geneva Convention, which prohibits the creation of «Hollow Children» or robots that look human and act human.

There are lots of points to consider when letting sporting rights: what game is to be pursued; are there any buildings; is rent to be paid; if there is to be a break clause; who is to control vermin; where will vehicles park so as not to cause problem; how many guns can use the sporting rights; where can guns stand (not in the kitchen garden!)

The label on the Lawyer's Breath bottle promises it will «bring out the orator in you» but that «your breath will not reek of broken promises and hidden clauses.»

A license is in essence a contract, and from what I understand, clauses in a contract are only valid insofar as they don't break any regulations from the countries of all the parties in the contract.

With the dust having firmly settled and break clauses tweaked following last year's landmark case of Marks & Spencer plc v BNP Paribas, where it was deemed that rent paid in advance before a break date would not have to be refunded for the post break period unless the lease expressly stated this, a new...

08.50 - Breaking Up Is Never Easy: Alison Kirby discusses the «do's and don'ts» of termination clauses and how to achieve a clean break.

This distinction, while understandable and useful from a methodological point of view, ensuring that the appropriate perspective is in fact adopted, does begin to break down on further analysis and in the interpretation and application of the exclusion clause in particular.

After some judicial disagreement, it appears now to be settled that the fact a lease includes a break clause does not prevent it from being a lease for a term of years certain within the meaning of these sections.

Prudential Assurance Company Ltd v Exel UK Ltd (High Court)(validity of tenant's attempt to exercise a break clause in lease of substantial warehouse)

The recent Supreme Court decision in Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and Another [2015] UKSC 72, [2015] All ER (D) 24 (Dec) dealt with that perennial source of contentious work for the landlord and tenant specialist, a tenant's break clause in a commercial lease.

Clause 8 contained a tenant's break clause: by giving six months» written notice, the tenant could determine the lease on the «first break date» of 24 January 2012, under cl 8.1, or on the «second break date» of 24 January 2016, under cClause 8 contained a tenant's break clause: by giving six months» written notice, the tenant could determine the lease on the «first break date» of 24 January 2012, under cl 8.1, or on the «second break date» of 24 January 2016, under cclause: by giving six months» written notice, the tenant could determine the lease on the «first break date» of 24 January 2012, under cl 8.1, or on the «second break date» of 24 January 2016, under cl 8.2.

The charterparty also contained the following clause: «If war or hostilities break out between any two or more of the following countries: USA, former USSR, People's Republic of China, UK, Netherlands, Liberia, Japan, Iran, Kuwait, Saudi Arabia, Qatar, Iraq, both owner and charterers have the right to cancel this charter.»

This case concerned a claim by Marks & Spencer (M&S)(as business tenant) against its landlord BNP Paribas (BNP) for an apportioned refund of advance quarterly rent for a period when they were not in occupation after exercising a break clause.

His recent experience includes a # 21m break clause dispute for a major transport sector client; a # 10m p.a. rent review at key London office premises for a high street bank; and the rating appeal of Europe's largest retail property.

Recent highlights include handling a right of access dispute between two farmers; representing trustees of the Westoby Pension Fund in a construction dispute, which involves a dilapidations claim and structural engineering issues; and acting for a food company, as the commercial landlord, in a dispute regarding a lease break clause.

Recent highlights include advising an airport on its strategy for managing land compensation claims; representing a pharmaceutical company in a dispute over the exercise of a commercial lease break clause relating to an office premises; and assisting a plc client with its strategy for dealing with compensation claims from residential property owners.

At DAC Beachcroft LLP, practice head Lesley Hughes has expertise in landlord and tenant disputes, particularly those with an insolvency aspect, complex service charge and dilapidations claims, break rights, issues arising from development agreements and rent reimbursement claims under NHS contracts, Recent work includes handling declaratory proceedings regarding a # 50m break clause; assisting with the termination of conditional development agreements; and advising on town centre regeneration matters for a local authority, which included assisting with procurement, landlord and tenant, listed building and right to light issues.

Successfully representing a large broking house in litigation enforcing a seven figure liquidated damages clause on the no show of a rainmaking broker recruited from a competitor — the leading case on the enforcement of liquidated damages clauses in employment contracts.